Things to consider before applying - producer's licence

Before applying for a producer's licence, there are a few things you need to consider, including licence requirements.

Who would normally apply?

To be eligible to hold this licence, it is a requirement that:

where the product is wine, cider or brandy:

the licensee grows their own fruit and the licensee has assumed the financial risk for the production, or

the fruit is grown under the direction of the licensee by another person and the licensee bears the financial risk for the production

where the product is beer:

the licensee brews their own beer, or

the licensee assumes the financial risk for it's production by another person.

where the product is a spirit

the licensee distils the spirit or it is distilled under the licensee's direction, and

the licensee has assumed the financial risk for its production.

Planning permission from your Local Government Authority

It's a condition of a producer's licence that the use of the licensed premises does not breach the planning scheme under the Planning and Environment Act 1987.

Applicants are required to provide a copy of the following information with their application:

A planning permit; or

A copy of an application for a planning permit; or

Evidence that a planning permit is not required to supply liquor as allowed for by the licence type you are applying for. This evidence may be a letter from the local council (or responsible planning authority) or a copy of the relevant planning scheme.

This ensures that the activities undertaken are consistent and appropriate for that area. For example, a licensee cannot operate a night club in an area where night club activity is not permitted under the local planning zone restrictions.

Data collection and reporting requirements for liquor wholesalers applies. For more information, see Wholesales data reporting.

Application fee payable

For information about the application fee for a producer's licence, see application fees.

Distillation of alcohol

Under Australian laws, it is illegal to use a still (of any capacity) to distil alcohol (e.g. spirits), without an excise manufacturer licence from the Australian Taxation Office (ATO). Penalties can apply. It is also illegal to buy, make, possess, or sell a still without permission from the ATO if it has a capacity over five litres.